EMPOWERING SANTHARA THROUGH LAW [Part 3]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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1.1.                 Santhara is not Euthanasia

The most imperative recognizing highlight between Santhara and willful extermination is that, euthanasia is mainly motivated by physical reasons i.e. to dispose of the physical agony and enduring. Unexpectedly, the fundamental reason for Santhara is otherworldly i.e. the cleansing of soul.

EMPOWERING SANTHARA THROUGH LAW [Part 2]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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PROCEDURE TO PERFORM SANTHARA

Acaramga is the first set of discourses of Mahavira whose history can be traced back 2500 years prior. It is the principal ordinance of Jains, similar to Vedas of Hindus, Bible of Christians, Quran of Muslims and so on. It expresses that:

EMPOWERING SANTHARA THROUGH LAW [Part 1]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

May death be Auspicious!

-Acarya Vidhyananda Muni^[1]

History of Jainism can be traced back to 2,500 years ago and it still prevails in India. It is mainly represented by nonviolence (ahimsa). Jainism proscribes violence against all living things. It necessitates mendicants as well as laymen to be veracious vegetarians. The practice of fasting unto death i.e., santhara is celebrated as pious-ritual in Jainism though they are strictly against violence.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 3]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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INTERNATIONAL ENFORCEMENT

It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958, an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to the New York Convention.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 2]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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ARBITRAL TRIBUNAL & RES JUDICATA

The arbitrators which determine the outcome of the dispute are called the arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 1]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

As an alternative dispute resolution mechanism, the arbitration provides speedier settlement of commercial disputes, whether domestic or international in character.

THE ROAD FROM CODIFICATION TO IMPLEMENTATION: A CRITICAL VIEW OF VISHAKA GUIDELINES TO THE PRESENT LAW

ANNIE MAMPILLY

NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES (NUALS), KOCHI 

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

"Frailty, thy name is woman", was the ignominy heaped upon women of Victorian Era by William Shakespeare in 'Hamlet'. This ignominy garners momentum even today. This submission lays focus on the long road from codification of a law to the practical implementation of the same with reference to the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.